Immigrationboards.com

Hi all ,

I am applying for ILR this year . I have no problems with the number of days outside the UK in the last 5 years . The only thing I am worried about is that between two jobs ( hospitals ) start and end date there was a gap of 75 days because of some delay in my references but my visa was continuous in dates without gaps . Would that be okay if i apply and how should i put it in the application . Thanks for any help

Are you a tier 2 general visa holder??

If so, no issue with gap in employment.

I am applying for ILR after 5 years on Tier 2 visa . I have my wife and three kids who have been with me in UK for 3.5 years as Tier 2 dependent . Is it possible to Apply for myself first ( it is difficult to pay 12000 pound in one go ) . Also what kinds of settlement for my wife and the kids can apply for if I got the ILR . thank you

If their visas will remain valid for a while, you can apply on your own first. Your family will extend under PBS dependant

their visa will end December 2019

so if I get the ILR in 09/2019 first , can I apply for settlement for anyone of them

Islammubark wrote: ↑

Thu Aug 08, 2019 7:07 am

so if I get the ILR in 09/2019 first , can I apply for settlement for anyone of them

No, they all need 5 years residence before they can apply for ilr.

You need to extend their PBS dependent visas for 3 years.

thank you so much . so even for the kids they can not apply for ILR at same time with any dependent unless they complete 5 years .

They can not apply until your partner is qualified and also apply for ILR, however there is an exception to that and that’s if you are the sole parent responsible for their upbringing or there is a serious compassionate and compelling circumstance like example sickness of the children that can definitely be evidenced.

Islammubark wrote: ↑

Thu Aug 08, 2019 7:43 am

thank you so much . so even for the kids they can not apply for ILR at same time with any dependent unless they complete 5 years .

No as both parents must hold ILR for kids to be granted ILR. Non UK born children follow the immigration path of the less privileged parent

Zimba is correct. The children will follow the path of both parent except on the circumstance I mentioned earlier.

See below

Children of relevant points-based system migrants or Appendix W Worker
319F. Purpose
This route is for the children of a Relevant Points Based System Migrant or Appendix W Worker who are under the age of 18 when they apply to enter under this route. Paragraph 296 of these Rules applies to children of a Relevant Points Based System Migrants or Appendix W Workers.

319J. Requirements for indefinite leave to remain
To qualify for indefinite leave to remain under this route, an applicant must meet the requirements listed below. If the applicant meets these requirements, indefinite leave to remain will be granted. If the applicant does not meet these requirements, the application will be refused.

Requirements:
(a) The applicant must not fall for refusal under the general grounds for refusal, and must not be an illegal entrant.
(b) The applicant must be the child of a parent who has, or is at the same time being granted, indefinite leave to remain as:
(i) a Relevant Points Based System Migrant or Appendix W Worker, or
(ii) the partner of a Relevant Points Based System Migrant or Appendix W Worker.
(c) The applicant must have, or have last been granted, leave as the child of or have been born in the United Kingdom to, the Relevant Points Based System Migrant or Appendix W Worker, or the partner of a Relevant Points Based System Migrant or Appendix W Worker who is being granted indefinite leave to remain.
(d) The applicant must not be married or in a civil partnership, must not have formed an independent family unit, and must not be leading an independent life, and if he is over the age of 16 on the date the application is made, he must provide the specified documents and information in paragraph 319H-SD to show that this requirement is met.
(e) Both of an applicant’s parents must either be lawfully settled in the UK, or being granted indefinite leave to remain at the same time as the applicant, unless:
(i) The Relevant Points Based System Migrant or Appendix W Worker is the applicant’s sole surviving parent, or
(ii) The Relevant Points Based System Migrant or Appendix W Worker parent has and has had sole responsibility for the applicant’s upbringing, or
(iii) there are serious and compelling family or other considerations which would make it desirable not to refuse the application and suitable arrangements have been made for the applicant’s care, or
(iv) One parent is, at the same time, being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, the other parent is lawfully present in the UK or being granted leave at the same time as the applicant, and the applicant was granted leave as the child of a Relevant Points Based System Migrant under the Rules in place before 9 July 2012.
(f) The applicant has demonstrated sufficient knowledge of the English language and sufficient knowledge about life in the United Kingdom, in accordance with Appendix KoLL, unless he is under the age of 18 at the date on which the application is made.
(g) If the applicant is a child born in the UK to a Relevant Points Based System migrant or Appendix W Worker and their partner, the applicant must provide a full UK birth certificate showing the names of both parents.
(h) All arrangements for the child’s care and accommodation in the UK must comply with relevant UK legislation and regulations.
(i) The applicant must not be in the UK in breach of immigration laws except that, where paragraph 39E of these Rules applies, any current period of overstaying will be disregarded.
Please note in the printed version of CM5829 these points appear in error numbered as an alternative version of 316D (iii) and (iv).

Hello ,


I am applying to extend my family Tier 2 dependent visa till they complete their 5 years period ( current visa expires in December ) . they need another 13 months to complete the 5 years . After filling the application it directs me to IHS to pay health surcharges. It asks about when is the dependent (me ) visa is expiring ? . what date should I put ?

Islammubark wrote: ↑

Sat Sep 28, 2019 10:32 am

Hello ,


I am applying to extend my family Tier 2 dependent visa till they complete their 5 years period ( current visa expires in December ) . they need another 13 months to complete the 5 years . After filling the application it directs me to IHS to pay health surcharges. It asks about when is the dependent (me ) visa is expiring ? . what date should I put ?

Fairly certain it asks when the main tier migrant who has ilr visa expires, if you are the ilr holder.

I understand that. I have ILR and my tier 2 visa as well as my family’s expires this December that is why I am extending theirs. Understandably I can’t put this expiry date in the IHS question because they still need another year . So how should I answer that question? Should I put a date one year after expiry date?

You out your ilr expiry date as 3 years from now, ie X date 2022.

They get a 3 year extension, you cannot apply for less than 3 years.

actually my ILR expires in 5 years according to the BRP but my tier 2 visa ( and subsequently my wife's visa ) expires this year . so even if she only needs one more year extension do i have to pay three years IHS for 3 years extension ?

Islammubark wrote: ↑

Tue Oct 01, 2019 8:08 pm

actually my ILR expires in 5 years according to the BRP but my tier 2 visa ( and subsequently my wife's visa ) expires this year . so even if she only needs one more year extension do i have to pay three years IHS for 3 years extension ?

Yes!! You cannot choose to apply for less than 3 years PBS Dependent extension.

Quick query please ,

If my wife only needs one year extension as Tier 2 dependent ( I have got my ILR ) , can we put the date of my ILR expiry as one year from now on the IHS application ? . is it a must to put 3 years ?. in other word , can she have one year extension only rather than three ?


regards

319D(a).

Islammubark wrote: ↑

Sat Oct 05, 2019 9:32 am

Quick query please ,

If my wife only needs one year extension as Tier 2 dependent ( I have got my ILR ) , can we put the date of my ILR expiry as one year from now on the IHS application ? . is it a must to put 3 years ?. in other word , can she have one year extension only rather than three ?


regards

1. Please do not tag your questions onto other members topics.

2. You CANNOT choose or pay for only 1 year. I have already stated this clearly. The Immigration Rules Part 8 states clearly that a PBS Dependent extension will be for 3 years if the main PBS migrant has obtained ILR. There is NO discretion by caseworkers on this.

vinny wrote: ↑

Sat Oct 05, 2019 10:45 am

319D(a).

The specific para vinny has posted is below.

319D. Period and conditions of grant

(a) (i) Entry clearance or limited leave to remain will be granted for a period which expires on the same day as the leave granted to the Relevant Points Based System Migrant or Appendix W Worker, or
(ii) If the Relevant Points-Based System Migrant or Appendix W Worker has indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or where the Relevant Points-Based System Migrant or Appendix W Worker has since become a British Citizen, leave to remain will be granted to the applicant for a period of 3 years.

I am sorry but don’t know how to start new conversation. Also I read the section 8 you referred to and could not find this absolute rule about 3 years extension

CR001 wrote: ↑

Sat Oct 05, 2019 11:13 am

vinny wrote: ↑

Sat Oct 05, 2019 10:45 am

319D(a).

The specific para vinny has posted is below.

319D. Period and conditions of grant

(a) (i) Entry clearance or limited leave to remain will be granted for a period which expires on the same day as the leave granted to the Relevant Points Based System Migrant or Appendix W Worker, or
(ii) If the Relevant Points-Based System Migrant or Appendix W Worker has indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or is, at the same time being granted indefinite leave to remain as a Relevant Points Based System Migrant or Appendix W Worker, or where the Relevant Points-Based System Migrant or Appendix W Worker has since become a British Citizen, leave to remain will be granted to the applicant for a period of 3 years.

What in the above red text is not clear??

I am really thankful for all the answers , one last thing : can I make 2 separate PBS Tier 2 extension applications , one for my wife and one for the kids ? I can not pay all fees from one visa card and have to pay separately .

Should be ok